Ok, so you are planning on publishing your idea, selling your idea, or even offering your idea for sale. In the United States you have one year from that date to file a patent application, or your rights will be lost. Even worse, many foreign countries follow the absolute novelty rule, and your patent rights in foreign countries are lost the day you make the sale, offer to sell, or publish the invention.

In the US, it’s called a statutory bar – and it is set forth in section 102(b) of the patent statute.

To solve this issue and avoid loss of rights, you need to file a patent application to secure a filing date. If you believe you want to secure rights in foreign countries, you must file the application before you make the disclosure. If you are not concerned with foreign patent rights and just want US protection, you must file within one (1) year of the first publication, sale, or offer to sell.

Even though you have a one (1) year grace period to file in the US, filing as early as possible gets you an early filing date as against other inventors with the same idea. The early filing date also locks in what the Patent Office can cite against your invention. The Patent Office can only use prior art references that predate your filing date.

The decision to publish or offer to sell an invention is a business decision, and a good business decision is an informed decision. If your invention provides your business with a competitive advantage, it is best to secure that advantage with patent protection to keep competitors out. Trade show disclosures often create statutory bars and give your competition a heads up on what’s coming next.

If you are an individual inventor, your goals and needs may be different. You may just want to market the idea to businesses to “test the market” before investing in prototype development, manufacturing, marketing, and patent protection. This is fine, your idea will go nowhere if you sit on your hands. Just, be aware that the clock is ticking.